| Case ID |
0498089b-0358-4997-bfc7-b1a7f9253dbf |
| Body |
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| Case Number |
D-16 of 2020 |
| Decision Date |
Aug 11, 2020 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled that the actions of the accused did not meet the criteria for terrorism as defined under Section 6 of the Anti Terrorism Act, 1997. The court emphasized that for an action to be classified as terrorism, it must not only fall within the specified actions of Section 6(2) but also must be aimed at achieving the objectives outlined in Section 6(1)(b) or (c). The court found that the elements of these sections were absent in the case at hand and thus dismissed the application made by the accused seeking to have the case transferred to the Anti-Terrorism Court. The ruling clarified the distinction between acts of violence and terrorism, underscoring that personal vendettas do not constitute terrorism under the law. |
| Summary |
In the case of Sindh High Court's Criminal Miscellaneous Application No.D-16 of 2020, the court addressed the legal definitions surrounding terrorism as outlined in the Anti Terrorism Act, 1997. The applicant, represented by Asim Malik, sought to challenge a decision that pertained to the transfer of the case from a regular court to a special Anti-Terrorism Court. The court, presided over by Justices Adnan-ul-Karim Memon and Yousuf Ali Sayeed, found that the actions of the accused, who had allegedly fired at a police party, did not meet the statutory requirements to be classified as terrorism. The ruling highlighted the importance of the intent behind actions and the necessity for such actions to be aimed at coercing or intimidating a public entity or the populace at large. The court ultimately dismissed the application, reinforcing the legal framework governing acts of terrorism and the distinctions necessary to uphold justice. This case serves as a critical reference for understanding the application of the Anti Terrorism Act in similar legal contexts. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ADNAN-UL-KARIM MEMON,
YOUSUF ALI SAYEED
|
| Lawyers |
Asim Malik,
Sardar Ali Shah
|
| Petitioners |
NASIR HUSSAIN
|
| Respondents |
2 OTHERS,
HASNAIN SHAH
|
| Citations |
2022 SLD 658 = 2022 MLD 425
|
| Other Citations |
Ghulam Hussain and others v. The State PLD 2020 SC 61,
Allah Nawaz and another v. The State 2010 MLD 1412
|
| Laws Involved |
Anti Terrorism Act, 1997
|
| Sections |
6,
23
|